Rajasthan High Court: HRA, CCA, HDA and other Allowances Must Count in Income for Motor Accident Compensation
The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal by Rs 5,79,300.
Motor Accident Claims Tribunal
Deceased driver was qualified skilled worker in heavy vehicle driver category: Punjab and Haryana HC upholds compensation granted by Motor Accident Claims Tribunal
“A Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible.”
Motor vehicle accident| Driving without license not sole ground for contributory negligence: Karnataka High Court
The Court observed that the amputation of left leg above knee was due to the injuries sustained during the accident and awarded compensation for loss of future earnings.
‘Claimant’s future snatched!’: Himachal Pradesh HC increases motor accident compensation on account of 100% disability
“Claimant’s chances of a brilliant career, marriage and all other enjoyment of life have been snatched. Though, no amount of money can compensate such a loss, it does not mean that the just and adequate compensation should not be awarded for the above noted losses.”
‘Deceased a workman, not gratuitous passenger’; Sikkim HC awards Rs 21.89 lakh compensation to parents for son’s accidental death
“The deceased was a gratuitous passenger based on hearsay knowledge from persons who did not enter the witness box, but, on a preponderance of probabilities, the evidence on record clearly suggest that the deceased was a workman working with the owner.”
Motor Vehicles Act | SC issues extensive directions on dispensation of large amounts of compensation lying deposited with MACT & Labour Courts
“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.
‘Hyper technical & insensitive approach, ignored object of MV Act’; Gujarat HC allows plea against MACT’s order denying fair compensation
“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”
Mere attempt to overtake vehicle not Negligence; Supreme Court enhances MACT compensation from Rs.1,01,250 to Rs.11,25,000
Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.
‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT
Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.
Bombay HC denies contributory negligence of car which dashed trailer with no parking or tail lights
Bombay High Court found driving a 70 feet long trailer without any brake light or tale lamps as a grievous negligence.
Know why Karnataka High Court held a pillion rider liable for contributory negligence towards her accident
The High Court also held that the claimant is entitled to only 80% of the total compensation amount determined and is also not entitled for compensation towards loss of future earnings due to disability.
‘Witnesses from West Bengal expected to communicate and convey their version in National Language Hindi before UP Court’: SC
There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.
Disability adds to discrimination faced by persons from society’s marginalised sections; Courts must award motor accident compensation liberally: SC
Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination.
Duty of the claimants to prove negligence under S.166 of the Motor Vehicles Act; Madras High Court set aside the award
Madras High Court: In an appeal filed against the ruling of the Motor Accident Claims Tribunal, granting compensation to the three deceased
Guj HC | Appeal dismissed on grounds of meagre amount; Order of Motor Accident Claims Tribunal upheld
Gujarat High Court: Sandeep N. Bhatt, J. dismissed an appeal preferred by the Insurance Company being aggrieved and dissatisfied with the judgment
Bom HC | In absence of documentary evidence, can monthly income of deceased be determined as notional income for purpose of determining compensation under MV Act? Explained
Bombay High Court: Noting that the Motor Accident Claims Tribunal Member did not properly determine just and proper compensation, V.M. Deshpande, J.,
Ker HC | The aim of compensation is to achieve an acceptable degree of proximity to arithmetical precision on the basis of materials brought on record; HC reiterates legal position
Kerala High Court: Anil K, Narendran, J., allowed this Motor Accident Claim Appeal filed against the order of Motor Accidents Claims Tribunal.
Madras HC | Order of Motor Accident Claims Tribunal modified; Court doubles the compensation finding it erroneous
Madras High Court: Abdul Quddhose, J., partly allowed an appeal that had been filed by the claimants seeking enhancement of compensation granted
Kar HC | Applying the law declared by SC in Motor Vehicle cases, Court enhances compensation amount; Appeal allowed
Karnataka High Court: A Division Bench of S. Sujatha, E.S. Indiresh, JJ., allow the appeal, increasing amount of compensation as granted by
Tri HC | Non-progressive injury resulting in application of formula to calculate compensation held correct; appeal of insurance company rejected
Tripura High Court: Akil Kureshi, CJ., dismissed an appeal filed aggrieved by the order of the Motor Accident Claims Tribunal by the